Washington · statute · Wash. Rev. Code ch. 64.70 · 15 active provisions
The legislature finds that the national conference of commissioners on uniform state laws has developed uniform legislation called the uniform environmental covenants act. The act ensures that environmental covenants, recorded use restrictions negotiated in connection with hazardous waste site cleanups, and other envir…
This chapter may be cited as the uniform environmental covenants act.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property.(2) "Agency" means either the department of ecology, the pollution liability insurance…
(1) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.(2) A right of an agency under this chapt…
(1) An environmental covenant must:(a) State that the instrument is an environmental covenant executed pursuant to this chapter;(b) Contain a legally sufficient description of the real property subject to the covenant;(c) Describe with specificity the activity or use limitations on the real property;(d) Identify every…
(1) An environmental covenant that complies with this chapter runs with the land.(2) An environmental covenant that is otherwise effective is valid and enforceable even if:(a) It is not appurtenant to an interest in real property;(b) It can be or has been assigned to a person other than the original holder;(c) It is no…
This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are…
(1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:(a) Each person that signed the covenant;(b) Each person holding a recorded interest in the real property subject to the covenant;(c) Each person in possession of the real property subject to the covenan…
(1) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.(2) Except as otherwise provided in RCW 64.70.090(3), an environm…
(1) An environmental covenant is perpetual unless it is:(a) By its terms limited to a specific duration or terminated by the occurrence of a specific event;(b) Terminated by consent pursuant to RCW 64.70.100;(c) Terminated pursuant to subsection (2) of this section;(d) Terminated by foreclosure of an interest that has…
(1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:(a) The agency;(b) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;(c) Each person that originally signed the covenant, unless the person…
(1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:(a) A party to the covenant;(b) The agency or, if it is not the agency, the department of ecology;(c) Any person to whom the covenant expressly grants power to enforce;(d) A person whose interest…
(1) The department of ecology shall establish and maintain a registry that contains information identifying all environmental covenants established under this chapter and any amendment or termination of those covenants, including the county where the covenant is recorded and the recording number. The registry may also…
This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. Sec. 7001 et seq.) but does not modify, limit, or supersede section 101 of that act (15 U.S.C. Sec. 7001(a)) or authorize electronic delivery of any of the notices described in section 103 of th…